LAWS(MAD)-2009-6-298

RAJESWARI Vs. STATE

Decided On June 25, 2009
RAJESWARI Appellant
V/S
STATE BY DEPUTY SUPERINTENDENT OF POLICE, CCIW, CHENNAI Respondents

JUDGEMENT

(1.) REVISION under Sections 397 and 401 of CODE OF Criminal PROCEDURE, 1973 to set aside the order dated 26.10.2005 made in Crl.Appeal No,67 of 2003 on the file of the learned IV Additional Sessions Court, Chennai (VI Additional Judge Incharge of IV Additional Court).The relevant facts which are absolutely necessary and germane for the disposal of this revision would run thus:-The revision petitioner Rajeswari filed the appeal in C.A.No,67 of 2003 in the 4th Additional Sessions Judge Court as against the Judgment of the 11th Metropolitan Magistrate, Saidapet, Chennai in C.C.No.1211 of 1985. Whileso, the appellate Judge passed the impugned order as under:-

(2.) CHALLENGING and impugning the said order passed by the learned appellate Judge, this revision is focussed that an appeal could not be dismissed for non prosecution simplicitor despite the appellant and his advocate are absent.